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CA AB1907
Bill
Status
9/30/2012
Primary Sponsor
Bonnie Lowenthal
Click for details
AI Summary
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Amended Section 2602 of the Penal Code to require involuntary psychiatric medication for state prison inmates only upon clear and convincing evidence determined by an administrative law judge that the inmate has a serious mental disorder, is gravely disabled or dangerous, and lacks less intrusive alternatives.
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Established procedures requiring at least 21 days' notice, appointment of counsel, and a hearing before an administrative law judge for nonemergency involuntary medication, with inmates having the right to present evidence and cross-examine witnesses.
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Permitted emergency psychiatric medication administration without consent for up to 72 hours during sudden mental health crises requiring immediate action to preserve life or prevent serious bodily harm, with notice and ex parte order procedures for continuation beyond 72 hours.
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Added Section 2603 to extend similar involuntary medication procedures to county jail inmates, allowing county mental health departments to seek court authorization through superior court judges, commissioners, or hearing officers rather than administrative law judges.
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Made determinations for involuntary medication valid for one year and renewable only upon clear and convincing evidence that the inmate would revert to dangerous behavior without medication and lacks insight into the need for treatment.
Legislative Description
Inmates: psychiatric medication.
Last Action
Chaptered by Secretary of State - Chapter 814, Statutes of 2012.
9/30/2012